Of all the different reasons for truck accidents, truck driver fatigue is one of the main causes. Any motorist who operates a vehicle while tired poses a major risk to others on the road. However, when a person is operating a truck weighing up to 80,000 pounds and approximately 60 to 80 feet long, fatigued driving becomes a much more serious problem. Truck driver fatigue can result in poor decision-making, slower reaction times, and an inability to recognize one’s fatigue.
The Federal Motor Carrier Safety Administration has implemented many regulations that the trucking industry must follow. This includes an hours of service rule. If you or someone you love has been hurt, it is not always easy to determine if an hours of service violation caused your accident.
Our West Virginia truck accident lawyers can investigate to determine if a violation caused your injuries.
What is the Federal Motor Carrier Safety Administration?
The Federal Motor Carrier Safety Administration (FMCSA) is an agency within the United States Department of Transportation. The FMCSA is responsible for regulating the trucking industry throughout the United States. The main goal of the agency is to reduce accidents, injuries, and the number of fatalities involving transport trucks and other commercial vehicles.
One of the main rules outlined by the FMCSA is the hours of service rule. This rule refers to the total amount of time truck drivers are allowed to be ‘on duty,’ or being on the road. It is not only transport truck drivers who must comply with the hours of service rule. Any driver operating a vehicle weighing 10,001 pounds or more, carrying hazardous materials, transporting 9 or more passengers for compensation, or transporting 16 or more passengers without compensation is required to comply with the hours of service rule.
It is not always easy to determine if an hours of service violation caused a crash because it is difficult to tell if a commercial driver is fatigued. Even when an investigation establishes a violation, many people wonder ‘what happens if you get an hours of service violation?’
What are the Rules Under the Hours of Service Law?
There are many hours of service rules under the FMCSA. These are as follows:
- 14-hour rule: Under the 14-hour rule, truckers cannot remain on duty for more than 14 consecutive hours. After a trucker is on the road for 14 hours, they must remove themselves from the road and cannot continue driving until after a break of 10 consecutive hours.
- 11-hour rule: After a trucker has taken a break of 10 consecutive hours following 14 hours on the road, they can only drive for a maximum of 11 hours more.
- 30 minute break rule: After a trucker has taken a 10 hour rest period, they must take a break of a minimum 30 minutes after being on the road for 8 hours.
- 60/70 rule: Under the 60/70 rule, truckers can only be considered on duty for 60 hours maximum in one seven-day period, or 70 hours in one eight-day period.
- Sleeper berth rule: Under the sleeper berth rule, truckers must spend at least 7 hours in a sleeper berth and another 3 hours off the road, either in a berth or out of a berth.
What Happens if You Get an Hours of Service Violation?
There are many penalties for hours of service violations. An hours of service violation occurs any time one of the above rules is broken.
Penalties for hours of service violations range from minor to severe. If law enforcement finds that a truck driver has broken the hours of service rule, they can force them to pull over to the side of the road and refrain from driving until the law allows them to start driving again.
Additionally, truck drivers can face high fines for hours of service violations.
These fines range from $1,000 to $16,000, depending on the serious nature of the violation.
What Happens if You Get an Hours of Service Violation Due to Pressure from the Trucking Company?
It is not only truck drivers who have a responsibility to comply with the hours of service rule.
Trucking companies have the same legal duty, as well. Unfortunately, trucking companies sometimes provide incentives for their drivers to commit hours of service violations. If the trucking company is caught incentivizing drivers to violate the rule, they can also face very high fines.
How Do Hours of Service Violations Cause Accidents in WV?
Hours of service violations cause truck accidents in West Virginia because they make truck drivers fatigued. Fatigue greatly increases the chance of a crash in several ways. These include:
- Slower reaction times: Fatigue greatly reduces reaction times, which makes it harder for a truck driver to react to sudden changes in traffic, road conditions, and sudden inclement weather.
- Impaired judgment: Fatigued driving can also result in clouded judgment, leading to miscalculations of distance, speed, and other important driving parameters.
- Lapses in concentration: Fatigued truck drivers may drift between lanes, struggle to maintain focus on the road, and miss signals.
- Sleepiness and drowsiness: In extreme cases, drowsiness can result in falling asleep behind the wheel. Even seconds of unconsciousness behind the wheel, known as micro sleeps, are extremely dangerous.
All of the above result in an increased risk of collisions. Fatigued driving is dangerous for all motorists, but for truck drivers, the risks are especially deadly.
Our Truck Accident Lawyer in West Virginia Can Help with Your Case
At Kaufman & McPherson, our West Virginia truck accident lawyer can investigate to determine if an hours of service violation caused your crash. We will then collect all of the necessary evidence to prove your case so you obtain the full damages you are entitled to. Contact us to schedule a free case evaluation and to get the legal help you need after an accident.
